Bill Text: MI SB1071 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Children; protection; state child death review team; require to have a legislator on team. Amends sec. 10 of 1994 PA 204 (MCL 722.930). TIE BAR WITH: HB 5702'09, SB 0259'09

Spectrum: Partisan Bill (Republican 6-0)

Status: (Engrossed - Dead) 2010-02-09 - Referred To Committee On Families And Children's Services [SB1071 Detail]

Download: Michigan-2009-SB1071-Engrossed.html

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SB-1071, As Passed Senate, February 9, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1071

 

 

January 20, 2010, Introduced by Senators NOFS, RICHARDVILLE, HARDIMAN, CROPSEY, KAHN and JANSEN and referred to the Committee on Families and Human Services.

 

 

 

     A bill to amend 1994 PA 204, entitled

 

"The children's ombudsman act,"

 

by amending section 10 (MCL 722.930), as amended by 2004 PA 560.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. (1) The ombudsman shall prepare a report of the

 

factual findings of an investigation and make recommendations to

 

the department or child placing agency if the ombudsman finds 1 or

 

more of the following:

 

     (a) A matter should be further considered by the department or

 

child placing agency.

 

     (b) An administrative act or omission should be modified,

 

canceled, or corrected.

 

     (c) Reasons should be given for an administrative act or

 

omission.

 

     (d) Other action should be taken by the department or child

 

placing agency.

 

     (2) Before announcing a conclusion or recommendation that

 

expressly or by implication criticizes an individual, the

 

department, or a child placing agency, the ombudsman shall consult

 

with that individual, the department, or the child placing agency.

 

When publishing an opinion adverse to the department or child

 

placing agency, the ombudsman shall include in the publication any

 

statement of reasonable length made to the ombudsman by the

 

department or child placing agency in defense or mitigation of the

 

action. The ombudsman may request to be notified by the department

 

or child placing agency, within a specified time, of any action

 

taken on any recommendation presented.

 

     (3) The ombudsman shall notify the complainant of the actions

 

taken by the ombudsman and by the department or child placing

 

agency.

 

     (4) The ombudsman may provide to the complainant the following

 

information:

 

     (a) A copy of the ombudsman's report regarding the

 

investigation's findings, recommendations to the department made

 

according to the investigation, the department's response to the

 

ombudsman's findings and recommendations, and any epilogue to the

 

ombudsman's report and the department's response.

 

     (b) Information that has otherwise been made public.

 

     (5) The ombudsman shall not release information to the

 

individual making the complaint that will endanger the health or

 

welfare of a child or another individual.

 

     (6) For the purpose of the review required in the legislative

 

child fatality review act, the ombudsman may provide to the

 

legislative child fatality examiner a copy of the ombudsman's

 

report with all confidential information redacted from that report.

 

     (7) (6) The ombudsman shall submit to the governor, the

 

director of the department, and the legislature an annual report on

 

the ombudsman's conduct, including any recommendations regarding

 

the need for legislation or for change in rules or policies.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 259 or House Bill No. 5702 of the 95th

 

Legislature is enacted into law.